What are ‘classes’?
The trade mark registration process uses a classification system that divides registered trade marks into different ‘classes’. Each class represents a different type of goods or services (although there may be some overlap between classes). Currently, there are 34 classes of goods and 11 classes of services. The classes and the goods and services are listed in Schedule 1 of the Trade Marks Regulations 1995.
In addition to the existing uniqueness of your trade mark, you can further distinguish or identify your trade mark from other trade marks by narrowing its use to a specific class or classes. If you have a trade mark that is similar to another trade mark, decide whether your trade mark will confuse or possibly deceive the public. If the public could think that the trade marks are related or have the same owner, you need to review your trade mark or your intended classes for trade mark registration. Even if your trade mark is similar to another trade mark, you may still be able to register your trade mark if the other trade mark is registered in a different class to the class that you intend to register your trade mark.
A registered trade mark is a valuable asset and helps to protect a business’ brand and goodwill, however it will only be effective for its nominated class of goods or services. Deciding on the right class for registration is one of the most important steps in the trade mark registration process and therefore, before registering your trade mark you must either educate yourself with the trade mark registration regime or seek professional advice. Our trade mark registration services include advice regarding classes, and we assist you in this process by:
- Determining what are the suitable classes for your trade mark registration
- Determining whether there are any similar registered or unregistered trade marks
- Determining whether similar registered trade marks are in the same, similar or different classes to your intended classes
- Determining the risks and opportunities for registering your trade mark in the intended classes
Trade Mark Enquiry
For more information on our trade mark services and quotes on our professional fees, please contact us or visit our quoting page. Our experienced trade mark lawyers will contact you to explore how we can improve your business and add to your balance sheet by realising the value in your intellectual property through trade mark registration.
Trade Mark Lawyer
Ern Phang is the solicitor director of Phang Legal, an incorporated legal practice based in Parramatta CBD providing professional legal services in trade mark advice, representation and trade mark registration to businesses across Sydney and Australia.